2 VTSAT SERVICE TERMS AND CONDITIONS 1. If the customer s outstanding charges remain unpaid for more than 1 month from the date of invoice, the customer s connection may be terminated without prejudice to the rights of the Internet Services Fiji Limited, (hereinafter referred to as CONNECT) to recover the outstanding charges. CONNECT may require customer to prepay for the service, before service may be reconnected. 2. CONNECT makes no warranties of any kind, either expressed or implied as to the fitness of this service for any particular purpose. CONNECT takes no responsibility for any loss or damage resulting from or arising out of the use of the service, service interruptions, slow delivery or no delivery of information. 3. The customer must have within, technical staff to address end-user queries. This nominated technical person(s) however will have access to our engineers for technical issues regarding the service itself. Technical contacts shall be nominated by the customer and provided to CONNECT. 4. This service proved by CONNECT may only be used for lawful purposes. Transmission of any material in violation of the laws of Fiji is prohibited. This includes, but is not limited to, copyrighted or trade secret protected material, threatening obscene material. 5. Use of any information via this service is at the Customers risk. CONNECT takes no responsibility for the accuracy or quality of information transmitted or received. The customer acknowledges that if the customer uses another person s organization proprietary material, then the customer shall be subject to permission and usage policies of that person or organization. 6. If the customer has used shareware, trialware or any software provided by CONNECT, then the customer will be subject to conditions stated by the developer of that product, such as usage, registration, payment etc. Also if the customer changes ISP in future, the customer will have to return IP address allocated to the customer by CONNECT. This service does not provide any public IP addresses. 7. CONNECT reserves the right to cancel this service with a written 30 day notice and remit any unused minimum charge fees. 8. This service is provided on the basis that it is for the customer s use only and will not be offered (free or otherwise) or resold to external organizations or individuals unless prior arrangement and agreement has been reached with CONNECT. Any agreement with Telecom Fiji Limited shall not be regarded as arrangement with CONNECT in this regard (reselling of service or sharing of service) only. 9. Any other products and/or services provided in addition to those listed in this document may incur additional charges. 10. CONNECT reserves the right to adjust rates, specifications and terms and conditions with a 30 day written ( /fax inclusive) notice. 11. CONNECT will provide filters for any customer router interfacing to connect network. These filters shall be updated on regular basis and it s the responsibility of the customer to carry out updates on their interfacing equipment. For all managed customers, CONNECT will carry out filter updates at regular intervals at no additional cost. CONNECT shall downgrade or suspend your service is CONNECT deems that there is a service degradation attributed to customer interfacing equipment without any prior notice. 12. CONNECT reserves the right to immediately suspend or cancel the services mentioned in this document when CONNECT decides that the account/service has been inappropriately used. [See CONNECT Acceptable Use Policy] CONNECT also reserves the right to refuse the sale of this service if the service has not been rendered to customer. 13. Two free addresses would be provided with All VTSAT Connections on CONNECT Domain Name. All other addresses obtained by you (customer) shall be billed. 2

3 1. Your Responsibility OTHER TERMS AND CONDITIONS 1.1 It is your responsibility for all access to and use of the Service through your account. You will not redistribute the service to other organizations. You may permit another person to use your account from time to time but you assume all responsibility and liability for the activities that person conducts on-line and for any material to which that person is exposed. 1.2 You shall keep the password confidential. You must notify us immediately if you lose your password or may change your password at any time. 1.3 You are responsible for all equipment and software necessary to access the Service as well as the security of your data. Telecom Fiji Limited equipment condition of use and terms take precedence for the use of equipment in accessing internet. 1.4 Your use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of data caused by a virus or similar program. 1.5 Some material on the Internet may be offensive, inappropriate or unsuitable. You acknowledge this and that we do not accept any responsibility for contents offered by other individuals or companies on the Internet or for any other information whatsoever passing through the Service. 1.6 You agree that no minor or any other person will access the Service using your account unless they have your express permission and are under your personal supervision. 1.7 You agree to inform CONNECT immediately of any changes to: i. Your organization Name and Status of your organization ii. Change in either postal or billing address iii. Change of physical location of installed equipment. 1.8 You must abide by the terms and conditions set by Telecom Fiji Limited. Infrastructure for VTSAT Internet access is provided by Telecom Fiji Limited and all terms and conditions set by Telecom Fiji Limited are valid with this agreement as well. 1.9 It is your responsibility to maintain and manage volume of data traversed through the connection at all times. All management of data or content management is your responsibility and you shall be responsible for all data (including SPAM/Junk Mail or Virus Attacks) traversed through your internet circuit. CONNECT requires you to have an updated antivirus software at all times for your data security. In case where traffic causes excessive resource utilization on the CONNECT interfacing equipment or network that results in degraded performance for other Connect customers, CONNECT reserves the right to immediately downgrade or suspend service without prior notice You recognize and acknowledge that it is illegal for any internet service provider, operator or any individual to use your internet access circuit for reselling voice services. Any reselling of voice services over Internet Protocol (IP) is deemed illegal, which may result in CONNECT terminating your services. 2. Termination of this Agreement 2.1 We reserve the right to terminate this Agreement or suspend or terminate your access to the Service at our sole discretion at any time without liability. The service may be temporarily suspended or downgraded if CONNECT deems your volume usage exceeding 2 GB or that your volume usage is irregular from your known usage pattern. Prior arrangements can be made for the cap off to be exceeding or below 2GB. This is to be provided in writing to CONNECT at the time of the service setup. 3

4 2.2 You may terminate this Agreement at any time on 30 days written notice to us. You will remain liable for any charges you incur up to the effective date of termination. No refund of fees, including monthly access fee, will be granted and no on-line time credited to your account will be redeemable to cash or any other form of credit. 2.3 CONNECT reserves the right to terminate and reissue a new contract (access order form) with a written 14 days notification. You will remain liable for any charges you have incurred up to the effective date of termination of old contract. 2.4 CONNECT will continue billing the monthly rental unless a written notice is provided to CONNECT stating the disconnection of service by Telecom Fiji Limited. A reconnection fee and deposit may be charged. 2.5 CONNECT reserves the right to terminate all or partial internet service if a dispute is customer (you) and the Infrastructure providers (Telecom Fiji Limited) or is there is a breach of any Telecom Fiji limited or CONNECT terms and conditions. 3. Charges, Billing Procedures and Change of Package 3.1 Access to, and the use of the Service is charged in accordance with the Rates. 3.2 You will be billed monthly. Your monthly bill will include a charge for the Monthly Access Fee (payable in advance) as well as any other charges you have incurred. Telecom Fiji bill will be separate. 3.3 Your account will be suspended if any charges are not paid on the due date. If your account is suspended for non-payment you will be charged a fee to have it reinstated. CONNECT will continue billing monthly rental for the service rendered unless a written notice is provided to CONNECT stating the status of service with Telecom Fiji Limited, the infrastructure providers for VTSAT. 3.4 Telecom Fiji Ltd and CONNECT reserve the right to adjust the rates and specifications mentioned in this document with a 30-day notice unless stated otherwise. 3.5 A written application for change of package has to be provided to CONNECT for a change of package. 3.6 A new application form may be required to be filled in before a change of service is granted. Service changes will NOT be updated unless all required forms are signed and delivered to CONNECT, either via FAX, Mail or Post. 3.7 A total of two package changes shall be granted within a period of one month but the above conditions applies. 4. Exclusion of Liability 4.1 You expressly agree that the use of the Service including any content you may obtain through or on the Service is at your own risk. 4.2 You expressly agree that the Service is provided without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. 4.3 You acknowledge that here has been no reliance on our skill, judgment or any representation by us whatsoever in deciding whether the Service is fit for any particular purpose. Any dispute in Quality of Service by the customer (you) should be directed to Telecom Fiji Limited, the infrastructure providers of this Service. 5. Indemnities 5.1 You agree to indemnify and hold us harmless from all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising out of the use of the Service or your breach of any term of this Agreement in any way or breach of any Telecom Fiji Limited terms and agreement. 4

5 6. Validity 6.1 This (CONNECT) agreement is valid for the period of one year from signage unless otherwise stated and agreed upon by CONNECT. This agreement is auto renewable after the expiry date unless prior written notice is provided to CONNECT or CONNECT terminates this service with a prior written notice to customer (you). 7. Confidentiality & Non Disclosure of Information 7.1 This document is to be treated as confidential and should not be changed or distributed to any third party outside your organization. 8. Governing Law, Jurisdiction and Venue 8.1 The rights and obligations of signatories of this document shall be governed by, and this agreement shall be construed and enforced in accordance with, the local, domestic laws of The Republic of Fiji. AGREEMENT I / We agree to pay a cancellation fee (50% of the relevant installation fee) if I / we cancel or alter this order before the service has been rendered. I / We also agree to the service conditions laid out in this document. I / We have read the agreement and agree to the above Service and Service Terms & Conditions. PLEASE DATE AND INITIAL EACH PAGE AS WELL. NAME: SIGNATURE: DATE: 5

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